Regarding your disagreements over exclusivity and irrevocability, the point of this article wasn’t so much to tell people to never ever ever ever ever ever ever ever sign those rights away, but to, if they see those rights listed, stop a moment and consider the consequences.

Would I sign a contract that was perpetual and exclusive? Yes. But it would be harder to get me to sign than the one you described. (For the record, that IS a very lenient contract and I will vouch for that!)

The main problem that arises from exclusivity is the derivative works issue. If I write a story about omelets for your food blog (no idea why I would, just an example) and later wrote a similar, but different one for my own site or even referenced the article I wrote for you later, that could be a derivative work and, without clarification for what is exclusive, could cause problems (if you were an evil admin, which I would doubt you are).

The problem with irrevocability only becomes a problem in conjunction with extreme exclusivity. If I can’t gain at least some rights back, I can never write about omelets again.

As you said, there needs to be more clarification about what is exclusive but the problem is that most contracts don’t provide that. Looking through cookie cutter agreements, most do not clarify what rights are exclusive and do a “full on” grab.

Anyway, the point of the article is to point out a few words that people should look out for and think long and hard about before signing.

Of course, in a perfect world, people would think long and hard about everything.

Oh, and to those that refused to sign your contract, tell them not to join YouTube or Flickr either. Their terms of service are at least almost as demanding…

Thank you again for your comment!

First off there is the publisher’s point of view – in this case I am speaking ONLY of reputable publishers. Please note – I am taking the publisher’s position here – NOT saying what is right or what should be.

Since I have worked for print and online publishers for years you should know there are several issues here that a smart publisher will NOT give way on. Also – I am referring to new work that is commissioned – NOT something that has already appeared on your blog.

Exclusivity – this can be handled by being more specific about what rights you are acquiring. If I commission a piece then I expect to get exclusive online rights in perpetuity. End of story. I am looking for a piece in my publication and I don’t want it to appear elsewhere unless I say it is OK. On the other hand I probably don’t care at all about print.

Sub-licenses or transfer rights – you are more than spot on here – I would as a writer not allow these at all – and as a publisher the only way a sensible one would do this anyway is in the form of the original – in other words, a reprint or another avenue of distribution – but still with my branding on it.

Perpetual/irrevocable – again, as a publisher I would expect to get this and keep it – and again I don’t care about it or want it in a venue where I don’t publish.

Moral rights – you are totally correct here – and the publisher should be prepared to take a clause like that out.

Non-compete – this one depends. If you are doing the substantial majority of your work for me I might ask for it – but I’d be prepared to pay more. But if you are just writing a piece for me it is up to me to make you want to write other pieces for me rather than my competition. Most freelancers should take it out and most publishers will be fine with that.

Also you mentioned that it could be worse to NOT have a contract. In my experience publishers that want a contract are always more reliable than those that don’t. 100% of the time. And if they don’t offer one they should be able to get you one immediately when you ask.

THe other thing I mentioned at the beginning is venue. Online is different than other publishing mediums. It can be tricky and people really don’t understand their rights or what contracts mean. Three years ago I set up a publishing company and published a compilation of the best of food blog writing for the previous year (this was early days for food blogs). I contacted a lot of food bloggers and requested contributions and asked only for non-exclusive, one-time rights to the pieces in question for the book. THe only other thing I added was a clause that they couldn’t have the piece go in another food blog compilation book. They could have it in any other kind of book, put it online, etc.This was probably the single most open and lenient contract they will ever see and still a significant minority wouldn’t sign.

If you have signed a bad deal and want out of it, the first thing I would do is look for the termination clause. How do you end the agreement. Even bad contracts have one.

With that in the back of your head, approach your boss and ask for a new contract. Be polite about it and make a case for why, but be prepared to exit the deal you have if you feel strongly enough about it.

The sad truth is that, the same as most bloggers don’t read their contracts thoroughly, neither do most companies. Most of the time the company uses either a stock contract they found or one that was written many years ago. They may not realize just how bad it is.

If you’re a valued employee, you can often negotiate a new contract, especially if you don’t ask for a raise at the same time. Just realize that they don’t have to do anything and that, if they aren’t willing to cooperate, you should have your exit strategy mapped out.

If you signed a bad deal, you’re most likely better off getting out of it as soon as possible.

Thank you.

If a blogger/writer has already signed a contract that gives away their rights, how do you recommend they either get those back or at least ask permission. I know the answer would take a book, but is there a way out?